BILL NUMBER: SB 645	CHAPTERED  10/10/99

	CHAPTER   952
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   JULY 2, 1999
	AMENDED IN SENATE   MAY 11, 1999
	AMENDED IN SENATE   MAY 3, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Burton and Assembly Member Villaraigosa
   (Coauthors:  Senators Bowen, Dunn, Hayden, Karnette, O'Connell,
Sher, and Solis)
   (Coauthors:  Assembly Members Aroner, Calderon, Cardenas, Cardoza,
Ducheny, Havice, Keeley, Knox, Migden, Romero, Steinberg,
Strom-Martin, Thomson, Vincent, Washington, Wesson, and Wright)

                        FEBRUARY 24, 1999

   An act to amend Sections 3583 and 3585 of, and to add Sections
3583.5 and 3584 to, the Government Code, relating to higher education
labor relations.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 645, Burton.  Higher education labor relations.
   Existing law contains provisions relating to employer-employee
relations between the State of California and the employees of state
institutions of higher education, as defined to include the
University of California and the California State University.  These
provisions provide that these employees have the right to form, join,
and participate in the activities of employee organizations for the
purpose of representation on all matters of labor relations.
Existing law limits the permissible forms of organizational security
for those employees to an arrangement pursuant to which an employee
may decide whether or not to join the recognized or certified
employee organization, but which requires the employer to deduct from
the wages or salary of the employee who does join, and pay to the
employee organization representing that employee, the fees, dues, or
assessments of the organization.
   This bill would require employees of the California State
University and employees of the University of California, other than
faculty of the University of California who are eligible for
membership in the Academic Senate, to either join the employee
organization or to pay the organization a fair share service fee.
   The bill would establish a procedure for employees to petition for
rescission of this form of organizational security , would provide
that the cost of conducting the rescission election would be borne by
the petitioning party, and would require the election to be
conducted at the worksite by secret ballot.  If the organizational
security arrangement is rescinded, the bill would establish a similar
procedure for reinstatement of the arrangement.
   The bill would provide for a procedure under which an employee of
the California State University or the University of California,
other than faculty of the University of California who are eligible
for membership in the Academic Senate, who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations, would not be required to join, but would instead be
required to pay a sum equal to the fair share service fee to a
nonreligious, nonlabor charitable fund, as prescribed.
   The bill would require every recognized or certified employee
organization that has an agency shop provision to keep an adequate
itemized record of its financial transactions, and to make available
an annual detailed report of those transactions, as specified.
   This bill would make various technical, nonsubstantive changes to
the law relating to higher education labor relations.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3583 of the Government Code is amended to read:

   3583.  Permissible forms of organizational security shall be
limited to either of the following:
   (a) An arrangement pursuant to which an employee may decide
whether or not to join the recognized or certified employee
organization, but which requires the employer to deduct from the
wages or salary of any employee who does join, and pay to the
employee organization which is the exclusive representative of  that
employee, the standard initiation fee, periodic dues, and general
assessments of the organization for the duration of the written
memorandum of understanding.  This arrangement shall not deprive the
employee of the right to resign from the employee organization within
a period of 30 days prior to the expiration of a written memorandum
of understanding.
   (b) The arrangement described in Section 3583.5.
  SEC. 2.  Section 3583.5 is added to the Government Code, to read:
   3583.5.  (a) (1) Notwithstanding any other provision of law, any
employee of the California State University or the University of
California, other than faculty of the University of California who
are eligible for membership in the Academic Senate, who is in a unit
for which an exclusive representative has been selected pursuant to
this chapter, shall be required, as a condition of continued
employment, either to join the recognized employee organization or to
pay the organization a fair share service fee.  The amount of the
fee shall not exceed the dues that are payable by members of the
employee organization, and shall cover the cost of negotiation,
contract administration, and other activities of the employee
organization that are germane to its functions as the exclusive
bargaining representative.  Upon notification to the employer by the
exclusive representative, the amount of the fee shall be deducted by
the employer from the wages or salary of the employee and paid to the
employee organization.
   (2) The costs covered by the fee under this section may include,
but shall not necessarily be limited to, the cost of lobbying
activities designed to foster collective bargaining negotiations and
contract administration, or to secure for the represented employees
advantages in wages, hours, and other conditions of employment in
addition to those secured through meeting and conferring with the
higher education employer.
   (b) The organizational security arrangement described in
subdivision (a) shall remain in effect unless it is rescinded
pursuant to  subdivision (c).  The higher education employer shall
remain neutral, and shall not participate in any election conducted
under this section unless required to do so by the board.
   (c) (1) The organizational security arrangement described in
subdivision (a) may be rescinded by a majority vote of all the
employees in the negotiating unit subject to that arrangement, if a
request for a vote is supported by a petition containing the
signatures of at least 30 percent of the employees in the negotiating
unit, the signatures are obtained in one academic year, and the vote
is conducted at the worksite by secret ballot.  There shall not be
more than one vote taken during the term of any memorandum of
understanding in effect on or after January 1, 2000.
   (2) If the organizational security arrangement described in
subdivision (a) is rescinded pursuant to paragraph (1), a majority of
all the employees in the negotiating unit may request that the
arrangement be reinstated.  That request shall be submitted to the
board along with a petition containing the signatures of at least 30
percent of the employees in the negotiating unit.  The vote shall be
conducted at the worksite by secret ballot, and shall be conducted no
sooner than one year after the rescission of the organizational
security arrangement under this subdivision.
   (3) If the board determines that the appropriate number of
signatures have been collected, it shall conduct the vote to rescind
or reinstate in a manner that it shall prescribe in accordance with
this subdivision.
   (4) The cost of conducting an election under this subdivision to
rescind or reinstate the organizational security arrangement shall be
borne by the petitioning  party.
  SEC. 3.  Section 3584 is added to the Government Code, to read:
   3584.  (a) Notwithstanding Section 3583.5, an employee of the
California State University or the University of California, other
than faculty of the University of California who are eligible for
membership in the Academic Senate, who is a member of a bona fide
religion, body, or sect that has historically held conscientious
objections to joining or financially supporting public employee
organizations, shall not be required to join or financially support
any public employee organization as a condition of employment.  An
employee to which this subdivision is applicable may be required, in
lieu of periodic dues, initiation fees, or agency shop fees, to pay
sums equal to the amount of the fair share service fee determined
pursuant to subdivision (a) of Section 3583.5 to a nonreligious,
nonlabor charitable fund exempt from taxation under Section 501(c)(3)
of the Internal Revenue Code, chosen by the employee from a list of
at least three of these funds designated by the employer and the
exclusive representative or, if the employer and exclusive
representative fail to designate funds, chosen by the employee.
Proof of these payments shall be made on a monthly basis to the
employer as a condition of continued exemption from the requirement
of financial support of the exclusive representative.
   (b) Every recognized or certified employee organization that has
an agency shop provision under this section shall keep an adequate
itemized record of its financial transactions, and shall make
available annually, to the employer and to the employees who are
members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by the president and treasurer or comparable officers.  An
employee organization covering employees governed under this chapter
and required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 (29 U.S.C.  Sec. 401 et seq.)
, or required to file financial reports under Section 3546.5, may
satisfy the financial reporting requirements of this section by
providing the employer with a copy of those financial reports.
  SEC. 4.  Section 3585 of the Government Code is amended to read:
   3585.  In the absence of an arrangement pursuant to Section 3583
or 3583.5, an employer shall, upon written authorization by the
employee involved, deduct and remit to the exclusive representative
or, in the absence of an exclusive representative, to the employee
organization of the employee's choice, the standard initiation fee,
periodic dues, and general assessments of that organization, until
the time an exclusive representative has been selected for the
employee's unit.  Thereafter, deductions shall be made only for the
exclusive representative.
  SEC. 5.  The provisions of this act are severable.  If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
